Oklahoma Employment Law 2026

5.1 Required Workplace Postings

Oklahoma and federal law require employers to display specific labor law posters in locations accessible to all employees.

Oklahoma State Required Posters

1. Unemployment Insurance Benefits Notice (OES-044)

According to Oklahoma Statutes Title 40, Section 2-502:

Employers who contribute to Oklahoma’s Unemployment Insurance tax must post the Unemployment Insurance Benefits Notice to Workers poster in places readily accessible to employees.

Source: Oklahoma Employment Security Act, 40 O.S. § 2-502
Poster: OES-044 Unemployment Insurance Benefits, Notice to Workers
Available at: https://oklahoma.gov/oesc/ or https://ui.ok.gov/
Required for: All employers paying unemployment insurance tax
Language: English (Spanish version recommended for Spanish-speaking employees)

2. Oklahoma Minimum Wage Poster

Employers must post notice of the Oklahoma minimum wage.

Current minimum wage: $7.25 per hour (follows federal minimum wage)

Source: Oklahoma Department of Labor
Available at: https://oklahoma.gov/labor/
Required for: All employers covered by Oklahoma wage laws

3. Workers’ Compensation Notice

Employers must post notice of workers’ compensation coverage.

Source: Oklahoma Workers’ Compensation Act
Available at: Oklahoma Workers’ Compensation Commission website
Website: https://www.wcc.ok.gov/
Required for: Employers with workers’ compensation coverage

4. Oklahoma USERRA Poster

Employers must post notice of rights under Oklahoma’s Uniformed Services Employment and Reemployment Rights Act.

“If you leave your job to perform military service in the Oklahoma state military forces, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the service of the Oklahoma state military forces.”

Source: Oklahoma USERRA, Oklahoma Statutes Title 44
Poster: Oklahoma USERRA Notice
Available at: https://oklahoma.gov/labor/
Required for: All employers

5. Child Labor Law Poster

Employers who employ minors must post child labor law requirements.

Source: Oklahoma Statutes Title 40 §§ 71-89
Available at: Oklahoma Department of Labor
Required for: Employers who employ workers under age 18

6. Public Employees Occupational Safety and Health (PEOSH) Poster

Public sector employers must post PEOSH safety notice.

“Public employers are required to maintain written safety and health programs. This poster must be displayed in one or more conspicuous places where notices to employees are customarily posted.”

Source: Oklahoma Department of Labor PEOSH Program
Poster: Public Employees Have a Right to a Safe & Healthful Workplace
Available at: https://oklahoma.gov/labor/
Required for: Public sector employers only

Federal Required Posters

All Oklahoma employers must also display federal labor law posters:

1. Fair Labor Standards Act (FLSA) – Federal Minimum Wage

Source: U.S. Department of Labor, Wage and Hour Division
Poster: Employee Rights Under the Fair Labor Standards Act
Available at: https://www.dol.gov/agencies/whd/posters
Required for: All employers covered by FLSA
Updated: May 2023 (includes PUMP Act nursing mothers provisions)

2. Equal Employment Opportunity is the Law

Source: Equal Employment Opportunity Commission
Poster: “Know Your Rights: Workplace Discrimination is Illegal”
Available at: https://www.eeoc.gov/poster
Required for: Employers with 15+ employees
Updated: June 2023 (includes Pregnant Workers Fairness Act)

3. Family and Medical Leave Act (FMLA)

Source: U.S. Department of Labor
Poster: Employee Rights and Responsibilities Under the Family and Medical Leave Act
Available at: https://www.dol.gov/agencies/whd/fmla/posters
Required for: Employers with 50+ employees

4. Employee Polygraph Protection Act (EPPA)

Source: U.S. Department of Labor
Poster: Employee Rights – Employee Polygraph Protection Act
Available at: https://www.dol.gov/agencies/whd/posters
Required for: All private employers

5. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Source: U.S. Department of Labor
Poster: Your Rights Under USERRA
Available at: https://www.dol.gov/agencies/vets/programs/userra/poster
Required for: All employers

6. Job Safety and Health – OSHA

Source: Occupational Safety and Health Administration
Poster: Job Safety and Health – It’s the Law
Available at: https://www.osha.gov/publications/poster
Required for: All private sector employers

Additional Federal Posters (if applicable):

• E-Verify Participation Poster (if employer participates in E-Verify)
• Right to Work Poster (if employer participates in E-Verify)
• Employee Rights on Government Contracts (federal contractors)
• Service Contract Act (service contractors)
• Davis-Bacon Act (construction contractors)

Posting Requirements

Location:

• Posters must be displayed in conspicuous places where employees can easily see them
• Common locations: break rooms, time clock areas, main entrances, employee bulletin boards
• Must be accessible to all employees, including those with disabilities

Format:

• Physical posters at workplace required
• Electronic posting does NOT replace physical posting requirement
• Electronic access may supplement physical posters for remote workers

Languages:

• English required
• Spanish recommended if Spanish-speaking employees
• Additional languages as needed for workforce

Where to Obtain Posters:

Oklahoma Posters:

• Oklahoma Department of Labor: https://oklahoma.gov/labor/
• Oklahoma Employment Security Commission: https://ui.ok.gov/

Federal Posters:

• U.S. Department of Labor: https://www.dol.gov/general/topics/posters
• Individual agency websites (EEOC, OSHA, etc.)

All-in-One Poster Options:

Many vendors sell combined Oklahoma and federal labor law posters. While convenient, employers should:

• Verify posters are current for 2026
• Ensure all required notices are included
• Obtain posters from reputable sources
• Check for updates when laws change

Penalties for Non-Compliance:

Failure to post required notices can result in:

• Federal penalties: Up to $600+ per violation per poster
• State penalties: Varies by violation
• Increased liability in employment disputes
• Citations during audits or investigations

5.2 New Hire Reporting

Oklahoma law requires employers to report all newly hired and rehired employees to the state.

Reporting Requirement:

According to federal law (Personal Responsibility and Work Opportunity Reconciliation Act of 1996), all employers must report new hires to facilitate child support enforcement.

Oklahoma Implementation:

Oklahoma employers must report new hires to the Oklahoma Employment Security Commission (OESC).

Who Must Report:

All Oklahoma employers must report:

• Newly hired employees
• Rehired employees (after separation)

Source: Oklahoma New Hire Reporting Program
Administered by: Oklahoma Employment Security Commission
Website: https://www.ok.gov/oesc/newhire/

Timeline:

Within 20 days of the employee’s first date of work

Source: Federal requirement under 42 U.S.C. § 653a
Oklahoma compliance: 20-day deadline
Penalty for late reporting: Potential fines

Required Information:

For each new hire, employers must report:

• Employee’s full name
• Employee’s address
• Employee’s Social Security Number
• Employee’s date of hire
• Employer’s name
• Employer’s address
• Employer’s Federal Employer Identification Number (FEIN)

How to Report:

1. Online Reporting (Recommended):

• Website: https://www.ok.gov/oesc/newhire/
• Enter information directly into online system
• Immediate confirmation
• Can report one employee at a time or batch upload

2. Electronic File Transfer:

• For employers with computerized payroll systems
• Submit data file electronically
• Contact OESC for file format specifications

3. Fax:

• Fax W-4 or equivalent form to designated number
• Check OESC website for current fax number

4. Mail:

• Mail W-4 or equivalent form to:

Oklahoma New Hire Reporting Program
Oklahoma Department of Human Services
P.O. Box 53228
Oklahoma City, OK 73152

Purpose of New Hire Reporting:

1. Child Support Enforcement:
   • Locate parents who owe child support
   • Establish and enforce child support orders
   • Income withholding for child support
2. Fraud Prevention:
   • Detect fraudulent unemployment claims
   • Prevent workers’ compensation fraud
   • Cross-match with public assistance programs

Employer Assistance:

Oklahoma Employer Help Desk: Phone: (405) 325-9190
Toll-free: 1-866-553-2368
Email: OCSS.Contact.ESC@okdhs.org

Source: Oklahoma Department of Human Services
Website: https://oklahoma.gov/okdhs/

5.3 Recordkeeping Requirements

Employers must maintain various employment records as required by federal and state law.

Federal Recordkeeping Requirements

Fair Labor Standards Act (FLSA) Records:

According to 29 C.F.R. § 516.5, employers must keep payroll records for at least 3 years including:

• Employee’s full name and Social Security number
• Address, including zip code
• Birth date (if under 19)
• Sex and occupation
• Time and day of week when employee’s workweek begins
• Hours worked each day and total hours worked each workweek
• Basis on which employee’s wages are paid
• Regular hourly pay rate
• Total daily or weekly straight-time earnings
• Total overtime earnings for the workweek
• All additions to or deductions from wages
• Total wages paid each pay period
• Date of payment and pay period covered

Source: Fair Labor Standards Act Regulations, 29 C.F.R. § 516
Retention: 3 years
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516

Additional records to retain for 2 years:

• Basic time and earning cards
• Wage rate tables
• Work and time schedules
• Records of additions to or deductions from wages

Title VII / EEOC Records:

According to 29 C.F.R. § 1602.14, employers must keep employment records for 1 year from date of record or personnel action:

• Applications, resumes, interview notes
• Job orders submitted to employment agencies
• Advertisements or job postings
• Test papers
• Results of physical examinations
• Job descriptions

For discharges: Keep records for 1 year from date of discharge

Source: EEOC Recordkeeping Regulations, 29 C.F.R. § 1602
Retention: 1 year minimum
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1602

I-9 Employment Eligibility Verification:

According to 8 C.F.R. § 274a.2, employers must retain Form I-9 for:

3 years after date of hire, OR
1 year after employment ends
Whichever is later

Source: Immigration and Nationality Act, 8 C.F.R. § 274a.2
Form: I-9 Employment Eligibility Verification
Available at: https://www.uscis.gov/i-9
Retention: 3 years from hire OR 1 year after termination, whichever is later

Family and Medical Leave Act (FMLA) Records:

According to 29 C.F.R. § 825.500, covered employers must keep FMLA records for at least 3 years:

• Basic payroll and identifying employee data
• Dates FMLA leave is taken
• Hours of FMLA leave taken
• Copies of employee notices of leave
• Copies of eligibility notices to employees
• Documents describing employee benefits
• Premium payments for employee benefits
• Records of any dispute regarding designation of leave as FMLA leave

Source: FMLA Regulations, 29 C.F.R. § 825.500
Retention: 3 years
Available at: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825

Americans with Disabilities Act (ADA) Records:

Medical examinations and inquiries must be kept confidential and separate from personnel files.

According to 42 U.S.C. § 12112(d)(3)(B):

“Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record.”

Source: Americans with Disabilities Act, 42 U.S.C. § 12112
Requirement: Confidential, separate from personnel files
Retention: Follow general employment record retention (1 year minimum)

Oklahoma State Recordkeeping Requirements

Wage Records:

Oklahoma Statutes Title 40, Section 165.2 requires employers to maintain payroll records, though no specific retention period is stated in the statute.

Federal law requires payroll record retention for at least 3 years under 29 C.F.R. § 516.

Source: Oklahoma Statutes Title 40 § 165.2
Available at: http://www.oklegislature.gov/

Workers’ Compensation Records:

Employers must maintain records of workplace injuries and illnesses.

Retention: Check with Oklahoma Workers’ Compensation Commission for specific requirements
Website: https://www.wcc.ok.gov/

Unemployment Insurance Records:

Employers must maintain records related to unemployment insurance contributions and claims.

Source: Oklahoma Employment Security Commission
Website: https://ui.ok.gov/

Record Retention Considerations:

Effective record retention systems typically include:

1. Organized filing systems for different record types
2. Secure storage for confidential records kept separate from general files
3. Extended retention periods when litigation is anticipated or pending
4. Written document retention policies
5. Training for HR staff on retention requirements
6. Secure storage methods for both physical and electronic records
7. Accessibility for government audits and investigations

5.4 Form I-9 and E-Verify Requirements

All U.S. employers must verify employment eligibility of employees.

Form I-9 Requirement

According to 8 U.S.C. § 1324a, all employers must:

“Verify that the individual is not an unauthorized alien by examining documentation demonstrating the individual’s identity and authorization to work in the United States, and retain such documentation.”

Source: Immigration and Nationality Act, 8 U.S.C. § 1324a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a
Form: I-9 Employment Eligibility Verification
Form available at: https://www.uscis.gov/i-9

Who Must Complete Form I-9:

All employers must complete Form I-9 for:

• Every employee hired after November 6, 1986
• All employees regardless of citizenship or national origin

Timing:

Section 1: Employee completes and signs by first day of work
Section 2: Employer completes and signs within 3 business days of employee’s first day of work

Section 3: Employer completes for rehires or reverification (if applicable)

Acceptable Documents:

Employees must present:

• List A: Document establishing both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card), OR
• List B + List C: One document establishing identity (e.g., Driver’s License) AND one establishing employment authorization (e.g., Social Security Card)

Source: USCIS Form I-9 Instructions
Available at: https://www.uscis.gov/i-9-central

Form I-9 Retention:

Keep Form I-9 for:

• 3 years after date of hire, OR
• 1 year after employment ends, whichever is later

Storage:

• Keep I-9 forms separate from personnel files
• Make available for inspection by authorized government officials
• May be stored electronically if meets requirements

Penalties for Non-Compliance:

• First violation: $272-$2,701 per violation
• Subsequent violations: Higher penalties
• Knowingly hiring unauthorized workers: Criminal penalties

E-Verify (Optional in Oklahoma)

E-Verify is an internet-based system that compares Form I-9 information to government records to verify employment eligibility.

Oklahoma E-Verify Requirements:

Oklahoma does not mandate E-Verify for all employers.

Search conducted:

• Oklahoma Legislature website
• Oklahoma Statutes
• Search terms: “E-Verify mandate”, “E-Verify requirement”
• Date: January 17, 2026
• Result: No statewide E-Verify mandate for private employers

Federal Contractors:

Federal contractors may be required to use E-Verify under Executive Order 12989.

Voluntary Participation:

Employers may voluntarily enroll in E-Verify:

Benefits:

• Additional verification of employment eligibility
• Protection from certain penalties
• Affirmative defense in some immigration cases

E-Verify Enrollment:

• Website: https://www.e-verify.gov/
• Free to employers
• Training provided

If Using E-Verify, Employers Must:

1. Post E-Verify and Right to Work notices
2. Complete E-Verify case within 3 business days of hire
3. Provide employee with Tentative Nonconfirmation (TNC) if issued
4. Not take adverse action based on TNC
5. Allow employee to contest TNC
6. Follow E-Verify procedures exactly

E-Verify Posters (if participating):

• “E-Verify Participation” poster
• “Right to Work” poster

Available at: https://www.e-verify.gov/employers/required-posters

5.5 Wage Payment Obligations

Oklahoma law establishes specific requirements for wage payments.

Frequency of Payment:

According to Oklahoma Statutes Title 40, Section 165.2:

“Every employer engaged in any trade, business, profession, or industry in this state, whether operating for profit or nonprofit, shall pay all wages and compensation due its employees at least twice during each calendar month, at intervals not exceeding sixteen (16) days, on regular paydays designated in advance by the employer.”

Source: Oklahoma Statutes Title 40 § 165.2
Requirement: Semi-monthly (at least twice per month)
Maximum interval: 16 days between paydays
Available at: http://www.oklegislature.gov/

Payment Method:

Acceptable payment methods:

• Cash (lawful U.S. currency)
• Check negotiable on demand at full face value
• Electronic transfer (direct deposit)

Direct Deposit:

Employers may use direct deposit if:

• Employee provides written authorization
• Employee can choose financial institution
• Employee can access funds on payday

Itemized Wage Statement:

According to Oklahoma Statutes Title 40, Section 165.2, employers must provide with each pay period:

“Each employer shall furnish each employee with an itemized statement of deductions made from the wages for such pay period, including, but not limited to: a. gross wages earned, b. any and all deductions, and c. net wages earned.”

Source: Oklahoma Statutes Title 40 § 165.2
Required: Each pay period
Format: Itemized statement showing gross, deductions, net

Deductions from Wages:

Permissible Deductions:

According to Oklahoma Statutes Title 40, Section 165.2:

“No employer shall withhold or divert any portion of an employee’s wages unless:

1. The employer is required or empowered to do so by state or federal law; or
2. The employer has written authorization from the employee.”

Source: Oklahoma Statutes Title 40 § 165.2

Permitted deductions:

• Required by law (taxes, garnishments, child support)
• Authorized in writing by employee
• Cannot reduce wages below minimum wage (except legally required deductions)

Dishonored Checks:

According to Oklahoma Statutes Title 40, Section 165.2:

“If a check, draft, or voucher given in payment of wages is not paid or honored when presented for payment, the employee shall be paid from the date wages were first due an additional penalty in an amount equal to two percent (2%) of the face amount of the check, draft, or voucher per day for each day that the check, draft, or voucher is not paid or honored up to the face amount of the check, draft, or voucher.”

Source: Oklahoma Statutes Title 40 § 165.2
Penalty: 2% per day up to face amount

Final Paycheck:

(Covered in Section 2.1 – repeated here for completeness)

Timeline: Next regular payday for pay period in which termination occurred

Source: Oklahoma Statutes Title 40 § 165.3
Available at: http://www.oklegislature.gov/